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140 approved, Employer change, new perm in audit

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My priority date is May 13 2009 [EB2/India, currently on H1B]. I got my 140 approved in May 2010. As the visa bulletin was not moving much during that time, I changed my employer in Jan 2011. My new employer restarted my gc process and filed a new perm in nov 2011. This perm got audited in feb 2012 and we have responded back on march 19 2012. My 6 years on H1b expire on Dec 5, 2012.

Here are a couple of questions I had:

1. As my pd is current right now (atleast till May 1, 2012 when the new vb kicks in), can I file 485 based off of my old approved 140? I understand that this needs a job verification letter. Would a job verification letter from my current employer suffice as I am working in the same occupation and similar role? My previous employer has denied providing such a letter. I found the following link on USCIS website where they talk about a similar situation on page 31 Q2:


2. If (1) above is not possible, can I apply for securing a 3 year extension on my H1B based off of my previous approved 140, given that my pd would have been current once and then retrogressed, when I apply for it in June this year (6 months prior to the end of my 6 year term on H1B)? Or, would I only be eligible for 1 year extensions based on the fact that my new perm was filed more than 365 days prior to the expiration of my current 6 year H1B term?

3. Generally, how much time does an audit take to be processed? My audit is very similar to many audits that are being received right now, where they are asking for more proof on recruitment process and proof on rejecting US workers for valid reasons.

Any answers regarding this are highly appreciated.


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